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  • Discretionary visa

    My mother overstayed her visa by 6 days last time she visited, because of a medical condition. She could not fly, she was advised by her doctors. She was in a wheel chair and was only able to walk with a walker. We gave a doctor's note to the airline attendent.
    She was coming to visit me again and arrived a couple of day's ago, but they said her visa was expired. She did not bring her doctor's papers back, because the accident was in March 2005. They let her in an a discretionary visa for 30 day. Can she ask for extention on this or must leave the country? I was thinking to file an I-539 form. She was admitted an a I-94.
    Can anyone help?

  • #2
    My mother overstayed her visa by 6 days last time she visited, because of a medical condition. She could not fly, she was advised by her doctors. She was in a wheel chair and was only able to walk with a walker. We gave a doctor's note to the airline attendent.
    She was coming to visit me again and arrived a couple of day's ago, but they said her visa was expired. She did not bring her doctor's papers back, because the accident was in March 2005. They let her in an a discretionary visa for 30 day. Can she ask for extention on this or must leave the country? I was thinking to file an I-539 form. She was admitted an a I-94.
    Can anyone help?

    Comment


    • #3
      Discretionary visa? I think you're talking about some form of parole since the port of entry cannot issue a visa. Is there any notations on the I-94 or passport? Something written next to the admission stamp with a reference to "212(a)(7)"?

      Comment


      • #4
        Yes, there is a number
        A 94 .

        Comment


        • #5
          tongoy69, you may want to delete A number you provided. Its place is not on a public board. An alien can be easily identified by it!

          Comment


          • #6
            ...but leave the law provision 212(a)(7) ??? under which your mother was admitted...

            Comment


            • #7
              if she was admitted for 30 days, she should stay 30 days....period. No doubt another miraculous illness will befall her again.

              Comment


              • #8
                The AG, acting through his agents, decided to "waive" the 212(a)(7) visa requirement in this particular case. This does NOT mean that the alien will never again be subject to the visa requirements, it only means that in that particular occasion, the AG decided to process the alien as if she had a valid visa allowing her to request admission. Since she was admitted, she will be treated like any other admitted alien.
                It's always a good idea to consult with an official at CIS regarding notations and regulations, a message board is not a place to look for valid legal advice.
                -THIS IS NOT LEGAL ADVICE-

                Comment


                • #9
                  Thank you for all your help you have given me.
                  I do have documentations of her emergency room treatment, doctors care etc. She always carry travelers insurance and everything was done through that. She just did not carry the paperwork with her, because she did not know she would need it again.
                  I hope everything works out for her for the best. It has been a very stressful couple of days, and i just want let my 4 year know that his grandma will stay for Christmas.

                  Comment

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